Legal Question in Civil Litigation in Massachusetts

Can a gift be taken back ?

My mom asked me to move in with

her to help her after her husband

passed away. I had to get rid of

almost all my furniture and

household items (many she had me

give to a coworker of hers in need)

she informed me that I didnt need

them because everything in the

house would be mine anyways.When

I decided to move out , she put the

house up for sale and moved in with

her boyfriend...giving me several

appliences and pices of furniture.

Lately we have argued and she has

decided Im to leave with nothing. My

question really is...can she do this?

take the items back? or do I have the

right to take them with me when I

move without fear of theft charges?

(yes she has threatened to have me

arrested for stealing the items she

gave me) if this helps, after giving

me the items, and moving to her

boyfriend's home she left the items

in my possesion


Asked on 6/15/08, 1:12 am

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Can a gift be taken back ?

Such oral promises are only enforcible if you can show adverse consequences you suffered in reliance upon them, which you may well be able to show under the facts you decribe. Consider retaining an attorney to determine if your specific facts rise to the level of a contract by promisory estoppel.

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Answered on 6/15/08, 6:26 pm


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